The FCC’s motion that would transfer the consolidated challenges of the commission’s net neutrality order to the U.S. Appeals Court for the D.C. Circuit (see 2406100044) is part of a trend of federal agencies that attempt to use venue-transfer motions “to steer major regulatory challenges out of the regional circuits,” the U.S. Chamber of Commerce said in a 6th Circuit amicus brief Friday in opposition (dockets 24-7000, 24-3449, 24-3450, 24-3497, 24-3504, 24-3507, 24-3508, 24-3510, 24-3511, 24-3517, 24-3519, 24-3538). This trend harms litigants and courts as it saddles them with “burdensome threshold litigation” in cases that often already involve “fast-paced litigation over stays and other interim relief,” the chamber said. In addition, the trend harms the regulated public, “impairing its right to hold agencies accountable for unlawful conduct in the jurisdictions where that conduct harms the public.” The FCC’s transfer motion is “especially inappropriate” because it would “undermine” the judicial lottery system, “reintroducing through the back door of transfer motions the forum shopping that Congress sought to eliminate when it established the current system of random selection in 1988,” it said. But the FCC stands firm in its support of the transfer, its reply said Friday. This latest round of “follow-on litigation” involves essentially the same parties, legal landscape, and issues that the D.C. Circuit “has been grappling with” through each successive net neutrality case and order, the FCC said. Should the litigation proceed in the 6th Circuit instead of the D.C. Circuit, the 6th Circuit and the parties “would need to expend considerable resources to walk the same ground already traveled during the previous years of litigation in the D.C. Circuit,” it said.

The number of cable, wireline and cellular customers without service due to the wildfires in New Mexico’s Lincoln and Otero counties is largely unchanged from Thursday, said a disaster information reporting system update Friday. The report shows nine more cable and wireline customers without service in addition to the 2,877 reported Thursday, and 22 downed cellular sites. There were 29 previously, the report said. In addition, the report shows that all public safety answering points in the counties are operational, but two TV stations and two FM transmitters are off the air. AT&T Mobility, T-Mobile and Verizon Wireless have deployed 14 mobile assets to the affected area, the report said. The agency has also released public notices on 24/7 contact information for the agency during the fires, the availability of priority communication services and a reminder to repair crews to avoid damaging communications infrastructure.

SpaceX will provide satellite-delivered connectivity to Comcast's enterprise customers under a partnership Comcast announced Friday. It said the arrangement is focused on enterprises operating in multiple, disparate locations that can be beyond the reach of traditional networks.

Twenty-nine out of 113 cellsites are down and some police departments have rerouted 911 calls owing to wildfires affecting two counties in New Mexico, a disaster information report system update said Thursday. The fires are mainly affecting Lincoln and Otero counties, so the FCC has activated “DIRS-Lite,” which involves the Public Safety Bureau “obtaining more granular situation-specific information through ongoing direct communications with communications providers,” the report said. The agency is using DIRS-Lite “due to the geographically concentrated impact of the New Mexico wildfires, and the need to gain information that is more precise than county-level.” The report also shows 2,877 wireline customers out of service due to a damaged switch, and that a head-end in Lincoln County serving 172 VoIP customers was damaged. Verizon Wireless and AT&T Mobility deployed nine mobile assets to the area, the report said. The Public Safety Bureau also issued a public notice Thursday detailing contact numbers and emergency communications procedures for the disaster.

The Media Institute released an adaptation of remarks previously given by FCC Commissioner Anna Gomez at a February luncheon (see 2402200066) as a paper on misinformation in media, a news release said Thursday. The paper, part of the institute’s Madison Project series, is called "Misinformation and the Threat to Our Democracy." In the speech and paper, Gomez said, “Concern about dis- or misinformation is one of the top media issues raised to me in my role as commissioner.” She added, “And it is one where, frankly, regulatory options are limited, as they should be.”

The U.S. Supreme Court granted Bell Wisconsin’s April 15 cert petition challenging the 7th U.S. Circuit Appeals Court ruling that E-rate reimbursement requests to the Universal Service Administrative Co. are actionable under the False Claims Act (FCA) (see 2405220039), said SCOTUS' order list Monday (docket 23-1127). In holding that the FCA’s treble damages and civil penalties apply to submissions made to USAC -- a private corporation paying private funds -- the 7th Circuit “explicitly acknowledged” that it was taking a “contrary view” from the 5th Circuit “about the identical program,” the petitioner said. The circuit split “directly affects billions of dollars distributed each year under the E-rate and three other universal service programs," it added.

Tribal officials asked about outreach, funding and data privacy connected with the FCC’s proposed missing and endangered persons (MEP) alert code during a virtual tribal consultation and listening session Monday (see 2405240043). The agency's Office of Native Affairs and Policy conducted the event. Speakers were broadly supportive of the MEP code but expressed concern about some of the proposal's details. Funding should go from the FCC directly to native groups so they can implement the new code, Sally Fineday of the Leech Lake Band of Ojibwe said. Reycita Billie, the Navajo Nation Police Department's missing and murdered indigenous people liaison, said the agency should focus on communicating with the public about the new code. “Public education is very important to our community members,” she said. Many members of the public aren’t clear about their options when a loved one is missing, she said. The FCC should consider privacy and data sovereignty issues when any information is collected or shared in connection with the MEP code, a speaker from Washington state said. “How are we ensuring that tribes maintain control of it, that they have access to it, have the ability to edit, delete or share as tribes see fit?” he asked. Michelle Beaudin, a council member for the Lac Courte Oreilles Tribe in Wisconsin, said the FCC should also create MEP wireless emergency alerts. “I believe there's so many more people that have their phones versus the TV or radio,” she said.

Presentations to the FCC's World Radio Conference Advisory Committee, including its subcommittees and working groups, as well as at WAC-sponsored roundtables and presentations between WAC members and FCC staff or commissioners, are exempt for ex parte purposes, the commission's Office of International Affairs said in a notice Monday. The notice also said if pending FCC proceedings and WAC issues overlap, the FCC "will not rely ... on any information submitted to the WAC ... or information WAC members conveyed to FCC staff or Commissioners unless that information is first placed in the record of the relevant proceeding."

A revised substitute version of the Spectrum and National Security Act (S-4207) circulating Friday jettisons the bill’s mandate for the FCC to sell licenses on the 12.7-13.25 GHz band by the end of 2027, as some lobbyists expected (see 2406120058). The revisions, filed as a substitute amendment to S-4207, reflect changes the Commerce Department, DOD and Joint Chiefs of Staff sought in exchange for their endorsement of the measure last week. S-4207’s supporters hope the changes will help ease the bill’s path forward after Senate Commerce postponed three past markups of the measure since early May (see 2405010051). The amount of future auction proceeds S-4207 to be allocated to a range of telecom projects remains the same in the substitute amendment, including lending the FCC $7 billion to fund the expired affordable connectivity program in FY 2024 and $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program. The substitute amendment would reapportion $700 million in additional Chips and Science Act money that S-4207 previously allocated to National Institute of Standards and Technology research programs. Instead, it will go to the National Science Foundation for science, technology, engineering and mathematics education grants and other research. Senate Commerce Committee Chair Maria Cantwell, D-Wash., will seek a vote on the substitute amendment as part of a Tuesday markup session on S-4207. That meeting will begin at 10 a.m. in 253 Russell.

The Justice Department is trying to avoid public attention to and judicial scrutiny of its conduct, Vermont National Telephone (VTEL) told the U.S. District Court for the District of Columbia last week as it argued for an oral hearing on DOJ's motion to dismiss. In a reply in support of its motion for an oral hearing (docket 1:15-cv-00728), VTEL said the court can't follow DOJ's argument that the issue can be decided based on the parties' written submissions, since DOJ hasn't submitted evidence supporting its dismissal decision. DOJ is seeking dismissal of relator VTEL's litigation against Dish Network designated entities (DE) Northstar Wireless and SNR Wireless over allegations of fraud in the FCC's 2015 AWS-3 auction (see 2403040052). In a reply in support of its motion to dismiss this month, DOJ said there's a lack of evidence Dish and the DEs failed to make a material disclosure to the FCC as well as a lack of damages. It said VTEL hasn't contested that Dish and the DEs paid full price for every license they received as they were never awarded any bidding credits. "Given the extensive written submissions by the parties (with Relator filing hundreds of pages on this issue), the United States respectfully submits that such a hearing is not necessary here," DOJ said. In a statement, EchoStar's Dish said VTEL's fraud claim case "has always been frivolous, and the DOJ was absolutely justified in moving to dismiss it." It said VTEL's allegations of political interference "are false and baseless."